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2012 Supreme(Ker) 915

MANJULA CHELLUR, V.CHITAMBARESH
Vinod K. M. – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellants :Kaleeswaram Raj, Joseph Sebastian Purayidam and Angel Mathews, Advocates.
For the Respondents:K. P. Dandapani, Advocate General, Girija Gopal, Government Pleader, K. R. B. Kaimal, Senior Advocate, K. Ramakumar, Senior Advocate, Alexander Thomas, Standing Counsel, MCI, N. J. Mathews, P. Raveendran Pillai, Indira Raveendran, M. R. Anison, K. P. Geetha Mani, P.A. Rinusa, P. V. Surendranath, Rakesh Sharma, T. B. Hood, B. Unnikrishna Kaimal, S. M. Althaf, P. Nandakumar, R. Rajasekharan Pillai, Sabina Jayan, R. Sreedharan Nair, S. M. Prasanth, Smitha George, B. Ragunathan, M. Salim, P. Karthikeyan, R. Srinath, M. M. Lalbind, Nagaraj Narayanan, Saijo Hassan, Benoj C. Augustin, P. Jyothy, K. K. Mohamed Ravuf and K. Paul Kuriakose, Advocates.

JUDGMENT :

MANJULA CHELLUR, J.

1. WA 315/2012 is filed challenging an order dated 22/02/2012 refusing an interim relief in WP No. 4279/2012, by the learned Single Judge.

2. The Writ Petition came to be filed by the petitioner challenging Ext. P3 an order issued by the State Government, alleging the same as contrary to the stipulation contained in Clause 9 of Ext. P1 Prospectus. The appellant appeared for Common Entrance Examination for admission to Post-Graduate Medical Course in the State. In Ext. P3, the State Government had given concession or relaxation to service quota candidates so far as negative marks, hence it is contended that Ext. P3 is in violation of Article 14 of the Constitution of India and sought for quashing the same. As the learned Single Judge refused interim relief of staying the operation of Ext. P3, appellant filed this appeal. All are required to appear for Common Entrance Examination and only those candidates securing minimum of 50 marks at the examination would be eligible for admission process. This condition was stipulated and implemented at the instance of the 4th Respondent Medical Council of India (for short 'MCI'). As Ext. P3 has no prior approval of th




















































































































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